The Mental Capacity Act, which came into force on April 1st 2007, sets out the framework you must use to show whether or not someone might lack capacity to make a decision. The Act also sets out a ‘Best Interests Checklist’ which you must use when making a decision on behalf of a person who lacks capacity.
The Act is most likely to apply to people with
- A learning disability
- Dementia
- Brain injuries
- Mental illness
The five principles in the Act are:
- You must assume that the person has capacity unless it is established that they lack it
- A person is not to be treated as unable to make a decision unless you have tried all practical steps to help him or her without success
- A person is not to be treated as unable to make a decision just because he or she makes an unwise decision
- Any act done or decision you make under the Act must be done or made in the person’s best interests
- Before you make a decision for someone who lacks capacity, you should choose an option that is less restrictive of the person’s rights
The Mental Capacity allows you to name those you want to make decisions for you in the future when you might lack capacity yourself. These arrangements are called ‘Lasting Powers of Attorney’. To find out more, see the link on the right.